Convicted killer and rapist found not guilty of rape

BROCKTON – Frank A. Benjamin Jr., wept with joy as a juror read aloud that he was found not guilty on all rape charges filed against him in court Thursday.

Minutes later, his exultation withered into despair as the 68-year-old was told he would serve at least 17 years in prison after being found guilty of lesser charges in the case.

Benjamin, a convicted killer and rapist, was on trial for allegedly raping and assaulting a woman in Brockton in 2012.

A jury found Benjamin not guilty of three charges of rape, three subsequent charges of rape, assault and battery and assault and battery with a dangerous weapon, Thursday in Brockton Superior Court.

He was found guilty of intimidation of a witness and two charges of assault and battery.

His attorney Joshua Wood said he was disappointed in the sentencing handed down by Judge Thomas McGuire and said his client will now likely die behind bars for minor offenses.

“He (Benjamin) said he was absolutely elated and then a few minutes later when he heard that sentence it didn’t even compute because he was just so not ready to hear it. He’s only realizing now that he was just given a life sentence,” Wood said outside of the courtroom Thursday.

Benjamin was convicted of manslaughter in the killing of his wife in 1976. He served a six-year prison sentence and was released. In 1996, he was convicted of repeatedly raping a 9-year-old girl and served a 15-year prison sentence before being released in November 2011.

Six months after being released from prison, he was charged with rape and assault in May 2012.

Because he was charged with another offense after being released from prison in 2011, he violated the terms of his probation and was ordered to serve an 8-10 year prison sentence, regardless of Thursday’s outcome.

In addition to the probation violation sentence, Plymouth County Assistant District Attorney Jessica Healy asked for the highest sentences possible for the crimes he was convicted of Thursday.

McGuire sentenced him to 9-10 years in state prison, to be served after his probation violation sentence is complete. Benjamin’s prior criminal record, which dates to 1958, played a heavy role in his decision, McGuire said.

“I have to say it’s just a horrendous, horrendous criminal record. Going back to, including juvenile offenses, to 1958 and serious as well,” McGuire said. “With the prior record, the defendant needs to be confined for a substantial period of time.”

Wood said while he believes the judge gave a fair trial, he considers the sentencing to be what equates to a life sentence. He said Benjamin would likely die inside North Central Correctional Institution at Gardner, where he will serve his time.

“If he does all of the time that the judge wants he’ll be 85 before he gets out,” Wood said. “Statistics of guys making to 85 inside (prison) are very low. It’s essentially a life sentence.”

Wood said Benjamin would appeal the convictions and the sentences.

Plymouth County District Attorney spokesman Russ Eonas said they were pleased with the outcome of the case.

“It appears every single time this defendant is let out of jail he not only commits a crime but he manages to literally destroy someone’s life. The crimes that he’s been convicted of are violent, are horrible,” Healy said in court.